Customs (Prohibited Exports) Regulations (Amendment)

Overview

The Statutory Rules 1968 No. 101, enacted under the Customs Act 1901-1968, represent a regulatory amendment made by the Governor-General in Council, following the advice of the Minister of State for Customs and Excise. This legislative instrument was introduced to address the need for updating the Customs (Prohibited Exports) Regulations to reflect changes in the types of substances subject to export restrictions. The primary objective is to ensure that the regulations remain effective in controlling the export of items that could be used in the illicit manufacture of drugs or other harmful substances. The amendment specifically modifies the Second Schedule to omit an existing item and insert new items concerning codoxime and its related compounds, as well as concentrate of poppy straw, thus updating the legislative framework to better align with current regulatory needs.

Scope and Application

The Statutory Rules 1968 No. 101, made under the Customs Act 1901-1968, concerns amendments to the Customs (Prohibited Exports) Regulations. Specifically, the regulation modifies the list of prohibited exports by removing item 19a and substituting it with new items 19a and 19b. This legislative instrument applies to any person or entity involved in the export of goods listed under the Customs Act, thereby affecting industries and transactions associated with these exports. Geographically, the regulation has a national scope, applying across the Commonwealth of Australia. There are no specific exclusions, exemptions, or thresholds mentioned in the text, and the regulation does not indicate extensions or restrictions through subordinate instruments. The amendments reflect changes to controlled substances and their exportation, ensuring alignment with current legislative intent regarding restricted materials.

Key Provisions

The regulation primarily modifies the Customs (Prohibited Exports) Regulations by amending Part II of the Second Schedule (section 2). It removes item 19a and replaces it with two new items: 19a, which now pertains to codoxime and its salts, as well as preparations containing codoxime or any of its salts, and 19b, which specifically addresses concentrate of poppy straw, being an extract of poppy straw that contains the alkaloids of poppy straw. These changes explicitly list these substances as prohibited exports under the Customs Act 1901-1968. The parties or entities governed by this Act, such as exporters, importers, and customs officials, must adhere to these updated regulations. Exporters are required to ensure that their shipments do not contain the newly listed prohibited substances, while importers must verify that incoming goods comply with these export restrictions. Customs officials must enforce these regulations by inspecting and monitoring exports to prevent the illegal export of codoxime and poppy straw concentrate. This involves detailed scrutiny and documentation processes to ensure compliance with the updated prohibitions. The regulation imposes significant consequences for any breaches of these provisions. The Customs Act 1901-1968 outlines penalties for non-compliance, which can include fines and imprisonment. The maximum penalties for contravening these export prohibitions are not explicitly stated in this regulation but are detailed within the primary Act. Generally, penalties for breaches of customs regulations can include substantial fines, which may be proportional to the severity and value of the breach, as well as potential imprisonment terms for serious or repeat offences. These measures serve to deter illegal activities and ensure adherence to the export control measures established by the legislation.